Chief Justice M. Yusuf Eqbal and Justice T.S. Sivagnanam heard the foreign law firms’ case today at the Madras High Court. The matter has now been listed for March 8, 2011 and  the High Court Bench has said that no extention of time will be granted thereafter. The Bench said “this is the last extension being granted and you can’t take more time than this”.

Senior Advocates Abhishek Manu Singhvi and P.S. Raman appeared on behalf of the foreign law firms and the Bar Council of India (BCI). Additional Solicitor General M. Ravindran appeared for the Central Government.

Status: Both, Central Government and the BCI are yet to file their response and therefore demanded four weeks time before they can file their reply. The BCI and Union Government are scheduled to discuss various issues relating to the modalities of the entry of foreign law firms and their operations in India and have slated to hold a meeting on January 29, 2011. The Bar Council has to file their counter affidavit by March 8, 2011.

Speaking to Bar & Bench, A.K. Balaji the Petitioner, said, “We pressed our argument that these law firms continue to violate the Advocates Act and other immigration laws. We also are in the process of looking at various amendments that have been passed or are intended to be passed by the Union Government and will reply suitably. The Legal Practitioners Bill, 2010 and other amendments are being suggested by the Union Government. Once we have a clear idea about the amendments, we may file a fresh petition or make suitable changes to the existing petition”.

Some of the law firms who were waiting for the BCI reply before the firms could submit their counter reply are now proceeding to submit their reply before the next hearing. Speaking to Bar & Bench, counsel for the Australian law firms Freehills and Clayton Utz, K.S. Natarajan said, “We wanted to hear their response, but since its being delayed by the BCI, we are going ahead and filing our response before the next hearing”.

History: The foreign law firm’s case when last heard on August 19, 2010 had Senior Advocate Abhishek Manu Singhvi present detailed submissions before the Madras High Court Bench. Singhvi argued that a larger framework is necessary to regulate foreign law firms in India and his clients (foreign law firms) do not practice Indian law, but only advice on foreign legal issues with respect to foreign investment into India, which is not against the law.

The 31 foreign law firm’s case was adjourned twice last year after being heard on August 19, 2010. It was listed for hearing on October 5, 2010 and November 24, 2010.

Also read: Writ Petition filed against 31 foreign law firms and an LPO – Immigration law violations also alleged

Madras High Court: Foreign Law Firms get time till August 19 to file objections; US Firms choose Dua; Government needs 8 weeks